Sabu Mathew George v. Union of India

[AIR 2018 SC 578]

In this matter, the Supreme Court of India stated that intermediaries are obliged to keep unlawful content from appearing on their networks. Even after the ruling of the Supreme Court in Shreya Singhal, wherein the court made it clear that intermediaries must not be asked to exercise their personal judgment in determining the legality of content for takedown purposes, the court continues to ask intermediaries to proactively filter their platforms for illegal content. Such decisions by courts contribute to the confusion over the level of due diligence which is to be followed by intermediaries to protect their safe-harbour.

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